Hellner

On petition for writ of mandate. The return to the alternative writ does not raise any issues of fact of any importance.

In an action in the justice's court wherein the petitioner Hellner was defendant, judgment was rendered against the defendant on the nineteenth day of January, 1923. On January 30th the defendant filed a notice of appeal, and also filed an undertaking on appeal. On Monday, the fifth day of February, before noon, he served on the attorneys for the plaintiff notice of the appeal and notice of the filing of the undertaking on appeal, said notice setting forth the date of the filing of said undertaking on appeal. On February 9th the plaintiff filed in the justice’s court and served on the defendant a notice of exception to the sufficiency of the sureties on said undertaking and requiring that they justify as required by law. On February 6th the certified copy of the justice’s docket and the other documents required to be filed in the superior court on appeal from a judgment of a justice’s court were filed in the superior court of Los Angeles County. Thereafter the plaintiff moved the court to dismiss said appeal on the ground that the defendant’s sureties, or other…